The Labour Court found Michael Hughes was unfairly dismissed by Scoil Aine Naofa and varied his compensation award from €10,000 to €2,000. The determination, dated 8 August 2023, followed appeals by Hughes and the school.
Hughes, a special needs assistant, was dismissed after a disciplinary investigation into alleged serious misconduct. He sought reinstatement, while the school said it had dismissed him for misconduct. The Court found fundamental failures in fair process: the Principal was the source of the complaint and a chief witness, yet also investigated it, and Hughes was not given a chance to contribute to the investigation report.
The Court ruled out reinstatement and re-engagement and chose compensation instead. It found Hughes had made a very considerable contribution to his dismissal, but could not safely conclude that he had contributed 100%. It set aside the original €10,000 award and awarded €2,000, approximately four weeks’ salary.